United States v. Fitzpatrick, No. 18-3312 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's 223 month sentence imposed after he pleaded guilty to one count of conspiracy to distribute methamphetamine after having been previously convicted of a felony drug offense. The court held that the district court expressly considered defendant's difficult upbringing, but refused to attribute his extensive criminal history solely to his harsh rearing experiences. In this case, the district court explained that defendant's criminal history outweighed his mistreatment. Accordingly, the district court did not abuse its discretion by denying defendant's request for a downward variance.
Court Description: Chief Judge Smith, with Wollman and Beam, Circuit Judges] Criminal Case - sentencing. District court properly weighed Fitzpatrick?s difficult upbringing in light of his extensive criminal history over decades since his childhood and did not abuse its discretion in denying a request for a downward variance.
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